State v. Odom

In State v. Odom, 303 N.C. 163, 277 S.E.2d 352 (1981), our Supreme Court indicated that a gunshot residue test is a nontestimonial identification procedure governed by section 15A-271 et. seq. "Defendant did have a statutory right to have counsel present during the [gunshot residue test] by virtue of G.S. 15A-279(d) (1978)." Id. at 168, 277 S.E.2d at 356, n.3. While the above determination was not central to the holding in Odom, we agree that a gunshot residue test falls within the purview of section 15A-271 based on our analysis of the statutory language. Like the other procedures described in section 15A-271, a gunshot residue test is a relatively non-intrusive procedure which requires the presence of the suspect. A gunshot residue test may logically be considered "other reasonable physical examination" in a class with identification by fingerprints, blood specimens, urine specimens, saliva and hair samples. N.C.G.S. 15A-271. Similarly, a residue test falls within the broad language "similar identification procedures" in that it is comparable to handwriting exemplars, voice samples, photographs, and lineups. Id.